Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1051

Unopposed MOTION to Expedite BRIEFING ON PLAINTIFFS' MOTION FOR LEAVE TO SUPPLEMENT THEIR P.R.3-1 INFRINGEMENT CONTENTIONS WITH RESPECT TO HAPPINESS.LAYS.COM by Eolas Technologies Incorporated. (Attachments: # 1 Text of Proposed Order)(McKool, Mike)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
Eolas Technologies Incorporated,
Plaintiff,
vs.
Adobe Systems Inc., et al.,
Defendants.

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§ Civil Action No. 6:09-CV-00446-LED
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§ JURY TRIAL
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PLAINTIFFS’ UNOPPOSED MOTION FOR EXPEDITED BRIEFING ON
PLAINTIFFS’ MOTION FOR LEAVE TO SUPPLEMENT THEIR P.R. 3-1
INFRINGEMENT CONTENTIONS WITH RESPECT TO HAPPINESS.LAYS.COM
On October 24, 2011, The Regents of the University of California and Eolas
Technologies Incorporated (collectively “Plaintiffs”) filed their Motion for Leave to Supplement
Their P.R. 3-1 Infringement Contentions with Respect to Frito-Lay’s Happiness.lays.com
webpage. (Dkt. No. 1050). Plaintiffs request that the Court issue an expedited briefing schedule
on this motion and address the motion on an expedited basis.
Because the issues are straight-forward and have been pending between the parties for
some time, and because the parties will benefit from knowing the result of Plaintiffs’ motion to
supplement their infringement contentions, Plaintiffs request that the Court set an expedited
briefing schedule for Plaintiffs’ Motion to Supplement Their P.R. 3-1 Infringement Contentions,
as set forth below:
Defendant’s opposition brief due:

Friday, November 4, 2011.

Plaintiffs’ reply brief due:

Wednesday, November 9, 2011.

Defendant’s sur-reply brief due:

Monday, November 14, 2011.

Frito-Lay has indicated that it does not oppose this briefing schedule.
WHEREFORE, Plaintiffs therefore request the Court grant the expedited briefing
schedule as outlined above and in the attached Order.

Dated: October 24, 2011.

MCKOOL SMITH, P.C.
/s/ Mike McKool
Mike McKool
Lead Attorney
Texas State Bar No. 13732100
[e-mail]
Douglas Cawley
Texas State Bar No. 04035500
[e-mail]
Holly Engelmann
Texas State Bar No. 24040865
[e-mail]
J.R. Johnson
Texas State Bar No. 24070000
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
Telephone: [phone]
Telecopier: [phone]
Kevin L. Burgess
Texas State Bar No. 24006927
[e-mail]
Josh W. Budwin
Texas State Bar No. 24050347
[e-mail]
Gretchen K. Curran
Texas State Bar No. 24055979
[e-mail]
Matthew B. Rappaport
Texas State Bar No. 24070472
[e-mail]
MCKOOL SMITH, P.C.
300 West Sixth Street, Suite 1700
Austin, Texas 78701
Telephone: [phone]
Telecopier: [phone]

Robert M. Parker
Texas State Bar No. 15498000
[e-mail]
Robert Christopher Bunt
Texas Bar No. 00787165
[e-mail]
Andrew T. Gorham
Texas State Bar No. 24012715
[e-mail]
PARKER, BUNT & AINSWORTH, P.C.
100 E. Ferguson, Suite 1114
Tyler, Texas 75702
[phone]
[phone]- Facsimile
ATTORNEYS FOR PLAINTIFF
EOLAS TECHNOLOGIES INC.
AND THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA
CERTIFICATE OF CONFERENCE
On October 20, 2011, John Campbell, Tom Fasone, and Holly Engelmann, counsel for
Plaintiffs conducted a personal conference by telephone with Jeffrey Yee, Jeff Joyner and Doug
McSwane, counsel for Frito-Lay. Counsel for Frito-Lay stated that they do not oppose the relief
sought in this motion.
/s/ Thomas Fasone III
Thomas Fasone III

CERTIFICATE OF SERVICE
I hereby certify that counsel of record are being served with a copy of this document via
electronic mail on this day, October 24, 2011.
/s/ Thomas Fasone III
Thomas Fasone III